Articles Posted in Sexual Harassment

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More than a year before #MeToo, a Select Task Force was created by President Obama to examine the problem of sexual harassment at the workplace. The Select Task Force consisted of a select group of outside experts who analyzed the causes and effects of workplace harassment and made recommendations what should be done to prevent it. The Select Task Force’s Report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace was published in 2016 before the #MeToo movement.

The mission of the Select Task Force on the Study of Harassment in the Workplace was to determine the extent to which harassment impacts employees of various industries nationwide, as well as how best to mediate this behavior. The Task Force operated in conjunction with the United States Equal Employment Opportunity Commission (EEOC), and its eighteen (18) members include academics, lawyers, EEOC representatives, and other experts from all across the country.  The Select Task Force’s June 2016 Report outlined that analyzed the different factors that increase the risk of workplace harassment, how workplace harassment impacts employees and productivity, and how workplaces can both address and prevent the occurrence of harassment in their office. The eruption of movements have revealed the continuing epidemic of sexual harassment in the workplace which has caused an renewed interest in the report.

The report revealed that Equal Employment Opportunity Commission (EEOC) received approximately 30,000 charges of workplace harassment in 2015 alone. This statistic is even more shocking in light of the Select Task Force’s finding that only 25% of the victims report the harassment to their employers. In fact, reporting harassment to the employer is the least common response to harassment.  Victims of sexual harassment fear disbelief, inaction, or blatant retaliation by their superiors or the harasser.

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The Third Circuit has reversed a trial court’s decision that dismissed a sexual harassment lawsuit because the plaintiff employee never complained directly to her employer. The decision is causing employment attorneys across the country to question the continued viability of the Faragher-Ellerth defense, which permits employers to avoid liability for sexual harassment where an employee fails to make a formal complaint about sexual harassment directly to the employer.

In the case of Sheri Minarsky v. Susquehanna County and Thomas Yadlosky, Jr., the employee began her employment as a part-time secretary with the Susquehanna County Department of Veterans Affairs from September, 2009. The employee claimed that she had been sexually harassed by her supervisor throughout her employment starting from the very beginning. The sexual harassment included her supervisor attempting to kiss her on the lips, massaging her shoulders while she was at her computer and approaching her from behind and pulling her against him. The employee also claimed that the supervisor would often question her whereabouts during her lunch hour and would also call her at home under the pretense of a work-related inquiry only to then ask personal questions unrelated to work.  The supervisor also sent sexually explicit messages through email to the employee.

While the employee never complained to her employer about her claims of sexual harassment in fear of retaliation, the employer was aware of the supervisor’s inappropriate behavior toward other women, which resulted in two verbal reprimands. Other employees also raised concerns that the supervisor would attempt to kiss employees under the mistletoe during Christmas time.

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Two recent New Jersey court cases further demonstrate that unlawful workplace harassment can occur in any industry, at any level, targeting employees of all demographics. Despite this fact, some workplaces are more susceptible to experiencing harassment than others. One such industry is the restaurant and hospitality industry. According to a recent study conducted by the Equal Employment Opportunity Commission, more restaurant and hospitality workers submitted complaints of workplace harassment than any other industry specified in the study. To some, this may seem predictable because of the frequency of late shifts, the presence of alcohol, and a reliance on tips in this industry.

One recent lawsuit that has received attention from local media originated from an employee of the well known Snuffy’s Steakhouse in Scotch Plains, New Jersey. In a complaint recently filed, Alston Shakera v. Snuffy Pantagis ENT. Inc., Alston alleged that she came out of the bathroom to find a busboy exposing himself, and then physically grabbing her when she refused his advances. Prior to this, Alston had been subject to a consistent pattern of sexually harassing comments and unwanted contact by both coworkers and customers. While this may seem like an extreme example of workplace sexual harassment, experts say that employees of restaurants are subject to unwanted touching and lewd remarks or text messages at a particularly high rate.

The restaurant industry is clearly not the only workplace plagued by unlawful harassing behavior. In another recent sexual harassment lawsuit filed against the Mountainside Police Department, several employees have alleged they were subjected to severe harassment and torment stemming including regular homophobic comments, sexual advances and even aggravated assault.

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A recent New Jersey Appellate Court has confirmed that an employee has good cause to leave her job and be eligible for unemployment benefits if the reason for quitting is because she was continuously sexually harassed for an extended period of time.

In the case of Gerard v. Board of Review, decided September 12, 2017, the claimant Jamielyn Gerard worked as an administrative assistant for Surface Source International, Inc. (SSI) from February 2008 until she resigned in April 2014. According to Ms. Gerard, the warehouse manager continuously called her names, swore at her and used many derogatory terms after she witnessed and confronted him making out with her supervisor in the warehouse. After she confronted her manager about what she saw, the warehouse manager started having a vendetta against her. The warehouse manager had a vendetta against her called her “[m]any verbal names; anything he could say to hurt me. He was commenting on the type of clothes I was wearing, the type of underwear I had on. He . . . stole personal property out of my desk, he vandalized my desk. He physically harassed me[.] [H]e touched me from behind, he had grabbed me. We . . . got into a physical altercation where he took me and slammed me into his desk.” Ms. Gerard further testified, “And he has done so much things to me, and I have continuously met with them and spoke with them and told them all this, and . . . they never did anything to help the situation.” SSI’s owner told her “that the devil he knows is better than the devil he doesn’t know . . . even though he was harassing me and tormenting me.”

Ms. Gerard’s testimony that she made complaints to the company was admitted by SSI. In fact, Ms. Gerard’s manager testified that Ms. Gerard complained that she had been physically and verbally harassed, but excused SSI’s failure to properly investigate stating when the company confronted the warehouse manager, he would say that he “didn’t do anything.” The manager further testified the owner personally met with the manager and the company wrote him up after he slammed his Ms. Gerard into his desk. Even this undisputed testimony was not enough for the Appeal Tribunal to find that Ms. Gerard had good cause to leave the hostile work environment directed at her.